Armstrong v. Penn. Assigned Claims Plan

Full title: Noel ARMSTRONG, Appellant, v. PENNSYLVANIA ASSIGNED CLAIMS PLAN and…

Court: Superior Court of Pennsylvania

Date published: Sep 19, 1986

514 A.2d 947 (Pa. Super. Ct. 1986)

514 A.2d 947

Opinion

Argued February 24, 1986.

Filed September 19, 1986.

Appeal from the Court of Common Pleas of Philadelphia County, Civil Division, No. 5235 March Term, 1984.

Theodore Hauptman, Philadelphia, for appellant.

David M. McCormick, Philadelphia, for appellees.

Before CIRILLO, President Judge, and

CAVANAUGH,^_ BROSKY, WIEAND, OLSZEWSKI, DEL SOLE, MONTEMURO, BECK and TAMILIA, JJ.

_ CAVANAUGH, J., did not participate in the decision in this case.

OLSZEWSKI, Judge:

This matter comes before this Court en banc on appeal from an order of the lower court granting appellees' motion for judgment on the pleadings. Appellant asks us to decide whether an uninsured owner-operator may receive uninsured motorist benefits from an assigned claims plan insurer. In a companion case, we answered this question in the negative. We refer appellant to the case of Brown v. Travelers Insurance Company, 355 Pa. Super. 535, 513 A.2d 1051 (1986).

Order affirmed.

BROSKY, J., files dissenting opinion.

BROSKY, Judge, dissenting:

I dissent for the reasons set forth in my Dissenting Opinion in Brown v. Travelers Insurance Company, 355 Pa. Super. 535, 513 A.2d 1051 (1986).